TERMS OF USE AND PRIVACY POLICY OF THE “WORDLIST” SERVICE

Welcome to Wordlist!

 

TERMS OF USE

 

 

The WORDLIST application (hereinafter the "Application") and the Wordlist website www.wordlist.com (hereinafter the "Website", and, together with the Application, the "WORDLIST Platform") are platforms designed, developed and made available to users by the company MENTAT TECHNOLOGIES, S.L. (hereinafter "MENTAT TECHNOLOGIES"), established in C/ Santiago Rusiñol, 13, 28040 Madrid, Spain, with Tax Identification No. B-86792462.

 

These terms of use govern the access to and the use by users of the WORDLIST Platform and the terms and conditions of the service provided by MENTAT TECHNOLOGIES (hereinafter the "WORDLIST Service").

 

Please, read carefully these Terms of Use which contain all the information regarding your rights and obligations as a Wordlist Service User. The access and/or use of the WORDLIST Platform implies that you have read, understood and accepted, without reservation of any kind, each and every one of the following Terms of Use. Otherwise, you should not access or use the WORDLIST Platform.

1.  Description of the WORDLIST service

The purpose of the Service is the provision by MENTAT TECHNLOGIES of the WORDLIST Platform, through which you, as a user (hereinafter referred to as "You" or the "User"), may access a variety of features that MENTAT TECHNOLOGIES has designed, developed and included in the WORDLIST Platform in order to facilitate language learning for Users, mainly, through illustrations.

2. Registration procedure

No registration is required to access the WORDLIST Platform. However, certain features require prior registration by the User.

In order to register and obtain your user profile (hereinafter, the "User Profile"), you must register by filling in the questionnaire provided for this purpose. The collection and processing of your personal data will be subject to the provisions of the WORDLIST Privacy Policy. Registration is free of charge, without prejudice of the possibility of signing up to a premium payment account (which allows access to all the contents and functionalities of the WORDLIST Platform), as explained in the following section of these Terms of Use.

During the registration procedure, you must choose a username and a password, and you are obliged, under your sole responsibility, to keep them safe and secret. MENTAT TECHNOLOGIES shall not be liable for any misuse of the user name or password nor for any consequences of any kind arising fromthe misuse by the User of the user name and/or password, their loss or oblivion, or their misuse by unauthorized third parties.

You represent and warrant that the information you provide for registration in the Service, as well as any other personal and/or business information you provide to MENTAT TECHNOLOGIES, is true, complete and up to date and that you will be responsible for communicating any changes or updates to such information.

Minors under sixteen (16) years old must have the authorization of the holder of parental authority or guardianship over the minor. By accessing the Service, you represent and warrant that you are sixteen (16) years old or older or have the permission of the holder of parental authority or guardianship over the child, and that you are fully responsible for this statement.

MENTAT TECHNOLOGIES cannot guarantee the identity of users, who assume full responsibility in the event of fraudulent registration or impersonation.

MENTAT TECHNOLOGIES may require you to prove your identity by providing a photocopy of your ID card or equivalent document in those cases in which it is convenient to verify the identity of the user who is accessing (or trying to access) a specific account. Failure to provide this information within the time limit indicated by MENTAT TECHNOLOGIES may lead to the closure of your User Profile and even the termination of the Service.

3. Premium account

MENTAT TECHNOLOGIES offers users the possibility of hiring a premium account subject to prepayment of the corresponding price. Through said premium account the User may access all the features, exams and tests of the WORDLIST Platform.

In order to hire a Premium account, the User must (i) have registered and obtained a User Profile; and (ii) request so through the corresponding questionnaire provided for this purpose.

In case you sign up to a Premium account you accept the General Terms and Conditions.

4. Forbidden uses

You are entirely responsible of your access to the WORDLIST Platform and the correct use of the Service and your User Profile, which is subject to the applicable legislation in Spain (either national or international) as well as to the principles of good faith and public order, and to your commitment to diligently comply with any instruction regarding said access and use given to you by MENTAT TECHNOLOGIES in light of this Terms of Use.

You are obliged to make a reasonable use of the Service, of the WORDLIST Platform, of its contents and its features, in accordance with the possibilities and purposes for which they have been designed.

As a User of the Service we inform you that it is FORBIDDEN the access or use of the WORDLIST Platform with illegal or non-authorized purposes, with or without economic purpose and thus any consequences arising from said illegal or non-authorized purposes will be your sole responsibility. In particular, but not limited to, the following list of actions are forbidden:

a)    Using the WORDLIST Platform to post comments which are insulting, intimidating, degrading, discriminatory, that incite violence or anyhow infringe someone’s honour or privacy.

 

b)    Using the WORDLIST Platform in order to send commercial communications.

 

c)    Using the WORDLIST Platform in any other way which constitutes a commercial use

 

d)    Using any technical, analytical or technological resource by meanings of which any person (user of the Service or not) may benefit from the contents and features of the WORDLIST Platform, either directly or indirectly and with or without economic purpose.

 

e)    Inserting in any website, forum or social network a link, hyperlink, framing or any kind of similar link which redirects to the contents and features of the WORDLIST Platform without an authorization to do so.

 

f)      Carrying out any action which may disable, overcharge or affect the correct functioning or aspect of the WORDLIST Platform.

 

g)    Introducing computer viruses, faulty files, or hosting, storing, distributing or sharing any other material or computer software which may cause damages or alterations to the contents, programs and systems of the WORDLIST Platform.

 

h)    Altering or modifying parts of the WORDLIST Platform, avoiding, activating, deactivating or manipulating in any way any of the functions of the WORDLIST Platform.

 

i)      Using or reselling the contents and/or features accessible through the WORDLIST Platform without an authorization to do so.

 

j)      Storing illegal contents which infringe third party´s rights in or through the WORDLIST Platform.

 

k)     Creating a fake identity, supplying and/or using fake data in the User Profile, or registering a User Profile in the name of another person, including any kind of use of the identity of a third party and, in particular, impersonation.

 

l)      Using the Service in any way which infringes current applicable legislation.

Carrying out any of the actions described above as forbidden (or any others which may not be categorized as authorized uses) will legitimize MENTAT TECHNOLOGIES to take any measures which it deems appropriate at its sole discretion, or if requested by a third party or any competent authority. The adoption of said measures will not lead to any compensations.

You are solely responsible for the information, opinions, references or contents of any kind which you may communicate through the Service.

5. Waiver of liabilities

5.1. Arising from uses made by users

MENTAT TECHNOLOGIES will not assume any responsibilities, either directly or indirectly, arising from an improper use of the Service by the User. Indeed, the User will in any case solely assume, any responsibility (towards MENTAT TECHNOLOGIES or any third party) arising from the consequences, damages or actions which may result from the User´s access or use of the Service.

5.2. Arising from the functioning of the Service

MENTAT TECHNOLOGIES provides its services and contents by using all the technical means at its disposal to provide said service satisfactorily. You accept that there might be discontinuity in the provision of the Service due to specific needs, failures which may not be controlled by MENTAT TECHNOLOGIES, maintenance, overloads, etc. The responsibility arising from a discontinued provision of the Service due to the above reasons may not in no case be attributed to MENTAT TECHNOLOGIES.

When MENTAT TECHNOLOGIES deems it appropriate, it shall conduct corrections, improvements or modifications of the contents and/or features which conform the WORDLIST Platform, without said correction, improvements or modifications leading to any right to claim or to be compensated, neither to any kind of recognition of liability by MENTAT TECHNOLOGIES.

MENTAT TECHNOLOGIES is not responsible for any damages of any king which may arise from the availability and technical continuity of the Service which depends on third parties. In case of technical failure, MENTAT TECHNOLOGIES will carry out all the necessary acts to restore the Service.

You are solely and exclusively responsible for your identification and access to the contents and features of the WORDLIST Platform.

MENTAT TECHNOLOGIES is not responsible for any damages of any kind which may arise from the un-authorized access by third parties to your data and the use they make of the Service through said data. When you register and make use of the Service you accept that the data transmitted through the internet is not totally protected given that the security measures online are not impregnable.

MENTAT TECHNOLOGIES does not provide services of language teaching through the WORDLIST Platform, as the Service is limited to making available to Users translations and other linguistic contents that MENTAT TECHNOLOGIES has translated and compiled in its databases. Consequently, you understand and accept that the translations and other linguistic contents provided in the different features of the WORDLIST Platform come from MENTAT TECHNOLOGIES´s own criterion, and that MENTAT TECHNOLOGIES does not assume any responsibility for the different criterion that users may have regarding said translations.

5.3. Arising from the contents functioning of the Service

MENTAT TECHNOLOGIES will not be responsibility for any of the contents, files, information, opinions, concepts and images which appear, are published or distributed directly or indirectly through websites which are accessible through the WORDLIST Platform, any linked websites accessed through the WORDLIST Platform through links, or any of the services which are linked or related to said linked websites.

Likewise, MENTAT TECHNOLOGIES waives any responsibilities arising from the services, goods or products which may be purchased or hired from third parties through a link on the WORDLIST Platform, especially in those cases in which the purchase and hiring process is directly carried out in a third party´s website, even if said website has been accessed through the WORDLIST Platform.

6. Intellectual Property

6.1. Rights which protect the Application, the Website and their contents.

MENTAT TECHNOLOGIES is the owner or licensee of all intellectual and industrial property rights over the Application, Website and all their contents.

Indeed, all contents which are part of the Application and/or the Website are protected by intellectual and industrial property rights owned by MENTAT TECHNOLOGIES. We refer to, without exclusion and not limited to, all drawings, pictures, illustrations, sketches, information, articles, data, texts, logos, trademarks, distinctive signs, icons, images, design and image (“look and feel”), video files, audio files, data bases and software.

6.2. License granted to the user

MENTAT TECHNOLOGIES grants users a non-exclusive and non-transferable license which is limited to the necessary rights for downloading, installing and using a copy of the Application for personal use and in accordance with these Terms of Use.

It is prohibited any form of reproduction, distribution, public communication, transformation, making available and, in general, any act of exploitation with, or without, commercial purposes of all or part of the contents (images, texts, designs, indexes, forms, etc.) which make up the WORDLIST Platform, as well as the databases that are displayed through the WORDLIST Platform (including the corresponding sui generis right) and the software necessary for the visualisation or operation of the WORDLIST Platform (including source code), without the prior authorisation expressly granted in writing by MENTAT TECHNOLOGIES.

Neither the User nor any third party may, under any circumstances, exploit or make commercial use, directly or indirectly, totally or partially, of any of the contents (images, texts, designs, indexes, forms, etc.) that make up the WORDLIST Platform or are accessible through it, without the prior written authorisation of MENTAT TECHNOLOGIES.

All trademarks and logos displayed on the Service are the exclusive property of MENTAT TECHNOLOGIES. You cannot, under any circumstances, use such trademarks and logos without the express prior written authorisation of MENTAT TECHNOLOGIES or their respective owners.

7. Changes and modifications of the conditions

MENTAT TECHNOLOGIES may, at any time, modify these Terms of Use or introduce new Terms of Use either for the entire Service or for the use of specific contents or features, only by notifying said modification to the User via the WORDLIST Platform.

In the event of modifications to the Service or to these Terms of Use, and if you do not express your opposition in writing and you continue to access the WORDLIST Platform or using your User Profile, we will understand that you have accepted the new Terms of Use.

In the event of a regulatory action, legal or regulatory measure which, in the opinion of MENTAT TECHNOLOGIES, prohibits, substantially restricts or makes the provision of the Service unfeasible, MENTAT TECHNOLOGIES shall be entitled to: (i) modify the Service or the Terms of Use in order to adapt to the new situation, (ii) cease provision of the Service.

8. Unsubscribe from the Service

You may unsubscribe from the Service at any time by sending an email to info@wordlist.com. Cancellation of the Service will not entitle you to a refund of the amounts already paid to MENTAT TECHNOLOGIES.

9. Governing law and jurisdiction

 

Any relationship between MENTAT TECHNOLOGIES and User arising out of the use of the Service shall be governed by Spanish law, and the Spanish courts of the city of Madrid shall be the competent courts to hear any dispute arising from the use of the Service.

 

 

 

 

PRIVACY POLICY

 

 

1. Data Controller

 

The company who is responsible for collecting and processing your personal data is MENTAT TECHNOLOGIES, S.L. (hereinafter, “MENTAT TECHNOLOGIES”), with registered address at C/ Santiago Rusiñol, 13, 28040 Madrid and C.I.F B-86792462.

 

2. Purpose of the processing

 

MENTAT TECHNOLOGIES informs you that it may use the personal data provided by you when filling this form for the following purposes:

 

-        To identify yourself and manage your registration.

-        To contact you and answer any questions you may have.

-        To know your opinion and conduct surveys regarding our services.

-        To carry out all the necessary procedures arising from the services offered to premium accounts.

-        If authorized to do so, send you information by any means about products and services offered by MENTAT TECHNOLOGIES that may be of interest to you.

 

3. Legal Grounds

 

The legal basis for the processing of your data, in addition to the consent you provide us when filling this form, is, when applicable, the contractual relationship that may bind you to MENTAT TECHNOLOGIES once you sign up to a premium account.

 

4. Data retention

 

Your personal information will be retained for as long as necessary to comply with the legal obligations of MENTAT TECHNOLOGIES.

 

5. Communication and access to the data

 

Service providers and suppliers with whom we have signed the relevant contracts and whose access is necessary to ensure the relationship of MENTAT TECHNOLOGIES with you may have access to your data. In any event, the necessary legal and organisational measures shall be taken to ensure security and access to the data.

 

6. Rights

 

You may, under the terms established in the data protection regulations in force at any time, and in accordance with the applicable regulations, revoke at any time the authorisation granted for the processing and transfer of your personal data, as well as exercise your rights of access, rectification, deletion, opposition, the right to request the limitation of the processing of your personal data, the right to portability and the right to lodge a complaint with the Spanish Data Protection Agency. To do so, you can write an email to info@wordlist.com in which you must attach proof of your identity.

 

 

 

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